10-144-220 Me. Code R. § C-15

Current through 2024-51, December 18, 2024

Section 144-220-C-15 - Expiration and termination of a specific license

A. Except as provided in C.16.B and paragraph D of this section, each specific license expires at the end of the day, in the month and year stated in the license.

B. Each licensee shall notify the Agency immediately, in writing, and request termination of the license when the licensee decides to terminate all activities involving materials authorized under the license. The notification and request for termination of the license must include the reports and information specified in paragraphs E.(1) d and e of this section. The licensee is subject to the provisions of paragraphs E and F of this section, as applicable.

C. Each licensee shall notify the Agency immediately, in writing, and request termination of the license when no principal activities under the license have been conducted for a period of 24 months, or no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with Agency requirements.

D. No fewer than 30 days before the expiration date specified in a specific license the licensee shall either:

(1) Submit an application for license renewal under C.16; or

(2) Notify the Agency in writing if the licensee decides not to renew the license.

E. Licensees not submitting an application for renewal

(1) If a licensee does not submit an application for license renewal under C.16, the licensee shall, on or before the expiration date specified in the license:

(a) Terminate use of radioactive, source, or special nuclear material, as appropriate;

(b) Remove radioactive contamination to the extent practicable except for those procedures covered by paragraph C.15.E(3) of this section;

(c) Properly dispose of source material;

(d) Submit a completed form, Certificate of Disposition of Material; and

(e) Submit a radiation survey report of the premises to confirm the absence of radioactive materials or to establish the levels of residual radioactive contamination, unless the licensee demonstrates the absence of residual radioactive contamination in some other manner. The licensee shall, as appropriate:

(i) Report levels of radiation in units of microrads (mGy) per hour of beta and gamma radiation at one centimeter and gamma radiation at one meter from surfaces and report levels of radioactivity in units of disintegrations per minute (or microcuries/Bq) per 100 square centimeters for removable and fixed surfaces, microcuries (or Bq) per milliliter for water, and picocuries per gram for contaminated solids such as soils, or concrete; and

(ii) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

(2) If no residual radioactive contamination attributable to activities conducted under the license is detected, the licensee shall submit a certification that no detectable radioactive contamination was found. If the information submitted under this paragraph and paragraphs E(1) d and e of this section is adequate, the Agency will notify the licensee in writing that the license is terminated.

(3)

(a) If detectable levels of residual radioactive contamination attributable to activities conducted under a license are found, the license continues in effect beyond the expiration date, if necessary, with respect to possession of residual radioactive material present as contamination until the Agency notifies the licensee in writing that the license is terminated. During this time the licensee is subject to the provisions of paragraph E of this section.

(b) In addition to the information submitted under paragraphs E(1) d and e of this section the licensee shall submit a plan for decontamination, if required, as regards residual radioactive contamination remaining at the time the license expires.

(c) The licensee shall also submit a plan for completion of decommissioning, recovery, or site reclamation if the procedures necessary to carry these out have not been previously approved by the Agency.

F. The proposed decommissioning, recovery, or site reclamation plan, if required by paragraph C.15.E(3) or by license condition, must include:

(1) Discussion of these planned activities;

(2) Description of methods used to assure protection of workers and the environment against radiation hazards during such activities;

(3) A description of the planned final radiation survey; and

(4) An updated detailed cost estimate, comparison of that estimate with present funds set aside, and plans for assuring the availability of adequate funds for completion of decommissioning, recovery or site reclamation.

(5) The proposed plan will be approved by the Agency if the information therein demonstrates that the objectives of the plan will be completed as soon as is reasonable and that the health and safety of workers and the public will be adequately protected.

G. Each licensee who possesses residual radioactive material, source material, or special nuclear material under paragraph C.15.E(3), following the expiration date specified in the license, shall:

(1) Limit actions involving source radioactive material to those related to decontamination and other activities related to preparation for release for unrestricted use; and

(2) Continue to control entry to restricted areas until they are suitable for release for unrestricted use and the Agency notifies the licensee in writing that the license is terminated.

H. As the final step in decommissioning, the licensee shall:

(1) Certify the disposition of all licensed material, including accumulated wastes, by submitting Maine Form HHE-892 or equivalent information; and

(2) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, unless the licensee demonstrates in some other manner that the premises are suitable for release in accordance with the criteria for decommissioning in D.60 through D.65. The licensee shall, as appropriate-

(a) Report levels of gamma radiation in units if millirem (or mSv) per hour at one meter from surfaces, and report levels of radioactivity, including alpha and beta, in units of microcuries (or Bq) per 100 square centimeters -- removable or fixed -- for surfaces, microcuries per milliliter for water, and picocuries per gram for solids such as soils or concrete; and

(b) Specify the survey instrument(s) used and certify that each instrument is properly calibrated and tested.

(I) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Agency determines that:

(1) Radioactive material has been properly disposed;

(2) Reasonable effort has been made to eliminate residual radioactive contamination, if present; and

(3)

(a) A radiation survey has been performed which demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning in D.1401 through D.1406; or

(b) Other information submitted by the licensee is sufficient to demonstrate that the premises are suitable for release in accordance with the criteria for decommissioning in D.1401 through D.1406.

(4) Records required by Part D have been received.

10-144 C.M.R. ch. 220, § C-15